This article offers a comprehensive examination of the rationale underlying the rule of law framework adopted by the Commission in March 2014 before outlining its main features. It is argued that while the Commission's ‘light-touch' framework falls short of what is required to effectively...

This paper showcases the weaknesses of EU enlargement law and demonstrates how one Member State is notable for abusing this weakness, harming the candidate countries, the EU and the institutions alike, stripping EU position of predictability and undermining EU Commission’s efforts, thus...

We demonstrate that the CJEU’s Achmea judgment has resulted in significantly more damage beyond the termination of intra-EU BITs. It made the application of EU law impossible. Indeed, it has opened the floodgate to deficient judicial protection in the face of structural backsliding of the rule...

This article focuses on the difficult relationship between the fight for the Rule of Law in the EU and the EU Charter of Fundamental Rights. It outlines the connections between the two and then focuses on when and how the Charter could and should play a more significant role in upholding the...

The European Union is founded on a set of common principles of democracy, the rule of law, and fundamental rights, as enshrined in Article 2 of the Treaty on the European Union. Whereas future Member States are vetted for their compliance with these values before they accede to the Union, no...

This paper, written by Barbara Grabowska-Moroz with the assistance of Dimitry Kochenov and Carlos Closa analyses the main rule of law practices in the EU, looking both at the EU Member States and the EU institutions. It introduces three types of practices: institutional, procedural and political...